In Arizona, a DUI can be either a misdemeanor or a felony depending on the circumstances of your case. If you are facing DUI charges, calling our Gilbert DUI lawyers right away is one of the most important steps you can take to protect your future.
Arizona law takes impaired driving seriously, and the penalties for a conviction can follow you for years. Whether you were stopped for driving under the influence for the first time or are facing more serious allegations, understanding how Arizona DUI law works is essential. Find out the answer to, “Is a DUI a felony in Arizona?” here.
How Does Arizona Classify DUI Offenses?
Arizona law divides DUI charges into several categories based on factors like blood alcohol concentration (BAC), prior offenses, and aggravating circumstances.
Not every DUI is treated the same, and the difference between a misdemeanor and a felony can have a significant impact on your life, your criminal record, and your ability to keep your driver’s license.
Standard DUI
A standard DUI may occur when a driver is impaired to the slightest degree by alcohol or drugs, or when the driver has a blood alcohol concentration of 0.08% or higher. In most first-offense situations, this is charged as a misdemeanor.
However, even a misdemeanor DUI in Arizona carries serious consequences, including fines, driver’s license suspension or revocation, and mandatory installation of an ignition interlock device on your vehicle.
Extreme and Super Extreme DUI
Arizona also recognizes extreme DUI for drivers with a BAC of 0.15% or higher, and super extreme DUI for those at 0.20% or above.
These are still typically misdemeanors for first-time offenders but carry harsher penalties, such as longer license suspension or revocation periods and extended ignition interlock device requirements.
Aggravated DUI
An aggravated DUI is a felony offense in Arizona.
You can be charged with aggravated DUI under several circumstances, including:
- Driving under the influence with a suspended or revoked driver’s license
- Being charged with a third DUI within 84 months of two prior DUI offenses
- Driving while intoxicated when you have an ignition interlock device installed
Additionally, driving under the influence with a passenger under the age of 15 is automatically a Class 6 felony aggravated DUI. Driving the wrong way on a highway while impaired is also an automatic aggravated DUI, which is prosecuted as a Class 4 felony.
An aggravated DUI conviction can result in mandatory prison time, a lengthy driver’s license suspension or revocation, heavy fines, mandatory treatment programs, and a felony conviction on your criminal record. The stakes are high, and having an experienced DUI attorney by your side is critical.
What Factors Can Elevate a DUI to a Felony?
Several aggravating circumstances can turn what might have been a misdemeanor into a felony aggravated DUI charge. Arizona law looks at your prior history, the conditions under which you were driving, and whether anyone was put at particular risk.
A suspended or revoked license at the time of the stop is one of the most common reasons a standard DUI becomes an aggravated DUI. Repeat offenses within a certain time window are another major factor that prosecutors use to pursue felony DUI charges.
For a free legal consultation, call (602) 237-6772 today.
Penalties for a Felony Aggravated DUI in Arizona
A felony aggravated DUI conviction carries consequences that extend far beyond the courtroom. Depending on the specifics of your case, you could face mandatory prison time, substantial fines, probation, alcohol or drug treatment requirements, and serious long-term consequences for your driving privileges.
A felony conviction on your criminal record can affect your ability to find employment, secure housing, and maintain professional licenses. You may also face a lengthy driver’s license suspension or revocation and be required to install an ignition interlock device upon reinstatement of your driving privileges.
How Can a DUI Attorney Help?
Facing DUI charges in Arizona is serious, but a charge is not a conviction.
An experienced DUI attorney can review the details of your stop, examine whether law enforcement followed proper procedures, challenge the evidence against you, and build a strong defense strategy tailored to your case.
From questioning the accuracy of blood alcohol concentration testing to identifying violations of your constitutional rights, there are often more options available than people realize.
The Role of Criminal Defense in DUI Cases
Strong criminal defense in an aggravated DUI case requires a thorough understanding of both Arizona DUI law and the science behind impaired driving allegations.
A skilled criminal defense attorney will examine every aspect of your case, including how the traffic stop was initiated, how alcohol or drugs were detected, and whether any aggravating circumstances were properly established by the prosecution.
The right defense strategy can mean the difference between a felony conviction and a reduced charge or dismissal.
Protecting Your Driver’s License
Beyond the criminal case, DUI charges in Arizona also trigger an administrative process that can result in a suspended or revoked driver’s license separate from any court-ordered penalties.
Acting quickly with the help of a DUI attorney gives you the best chance of protecting your driving privileges and avoiding the long-term consequences of driving on a suspended license. If you need to protect your driving privileges, contact The Law Offices of Brandon White today.
Speak With Our Arizona DUI Lawyers Today
Is a DUI a felony in Arizona? It can be. At The Law Offices of Brandon White, we understand how overwhelming it feels to face aggravated DUI charges or any serious DUI allegations under Arizona law.
Our team brings more than 30 years of combined legal experience defending clients against DUI charges, aggravated DUI allegations, and a wide range of criminal defense matters throughout Arizona.
If you or someone you love is facing driving under the influence charges, do not wait to get help. Contact The Law Offices of Brandon White today to speak with a criminal defense attorney who will stand in your corner from day one.
Check out our case results to find out why clients choose us.
Call or text (602) 237-6772 or fill out our Free Case Evaluation form to get started.